Smith v. Franklin

CROCKETT, Justice.

Plaintiff Thelma B. Smith, as guardian of Carol Smith (her granddaughter), seeks to recover for the death of Ardith Smith (her daughter) which resulted from a collision while the deceased was riding in the defendant’s car.

The problem which has proved to be of controlling importance in this case is whether the deceased was a passenger for hire, as contended by plaintiff, or a guest, as contended by defendant.

Our statute, Sec. 41-9-1, U.C.A.1953, commonly called the “Guest Statute,” provides that a guest (or his legal representative) shall not have a right of recovery against…